1.1 14-18 irwin street, clayton construction of a four … · 1.1 14-18 irwin street, clayton ....

Council Meeting, 31 October 2017 Section 1.1 –

14-18 Irwin Street, Clayton - Construction Of A Three (3) Storey Apartment Building Over Basement Car-Parking Comprising Thirty-Nine (39) Residential Units

1.1 14-18 IRWIN STREET, CLAYTON CONSTRUCTION OF A FOUR (4) STOREY APARTMENT BUILDING INCLUDING BASEMENT CAR-PARKING COMPRISING THIRTY-NINE (39) RESIDENTIAL DWELLINGS (TPA/47230)

EXECUTIVE SUMMARY:

This application proposes to develop a four storey apartment building comprising 39 residential dwellings in a local residential street close to Monash University on a site comprised of three residential lots. The application was subject to public notification. No objections to the proposal have been received. Key issues to be considered relate to: • The impact on adjoining neighbours; and, • Establishing an appropriate streetscape character in a location designated

for significant residential growth and change. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant State and Local Planning Policy Framework, Clause 55, along with consideration against adopted Amendment C125 to the Monash Planning Scheme. The reason for presenting this report to Council is the proposed development cost of $9.75 Million. The proposal is considered appropriate having regard to the relevant provisions of the Monash Planning Scheme. It is recommended that Council issue a Planning Permit subject to conditions.

RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: Satyen Kothari

WARD: Oakleigh

PROPERTY ADDRESS: 14-18 Irwin Street, Clayton

PRE-APPLICATION MEETING: Yes

NUMBER OF OBJECTIONS: Nil

ZONING: General Residential 2



EXISTING LAND USE: Single dwellings

OVERLAY: Nil

Amendment C125 (adopted) General Residential Zone 6

RELEVANT CLAUSES: State Planning Policy Framework Clause 11 (Settlement) Clause 11.06 (Metropolitan Melbourne) Clause 15 (Built Environment and Heritage) Clause 16 (Housing) Clause 16.01-2 (Location of Residential Development) Clause 16.01-3 Housing opportunity areas) Clause 16.01-4 (Housing Diversity)

Local Planning Policy Framework Clause 21.04 (Residential Development) Clause 21.09 (Key Regional Assets) Clause 21.13 Sustainability and Environment Clause 22.01 (Residential Development and Character Policy) Clause 22.04 (Stormwater Management Policy) Clause 22.13 Environmentally Sustainable Development Policy Particular Provisions Clause 52.06 (Car Parking) Clause 55 (ResCode) Clause 65.01 (Decision Guidelines)

STATUTORY PROCESSING DATE: 1 August 2017

DEVELOPMENT COST: $9.75 million



LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE



RECOMMENDATION:

That Council resolves to Grant a Planning Permit (TPA/47230) for the construction of a three (3) storey apartment building over basement car-parking comprising thirty-nine (39) residential dwellings, at 14-18 Irwin Street, Clayton subject to the following conditions: 1. Before the development starts, three copies of amended plans drawn to

scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show:

a) A minimum 1:5.7 grade between the 1:10 and 1:4 change in grade (in

accordance with AS2890.1:2004) for the basement entry/driveway. Note that this may cause a very minor change to the floor levels for the building.

b) Plans for the car stacker detail design and associated features. They

must show the stacker system modified to ensure that at least 25% of the mechanical car parking spaces are able to accommodate a vehicle clearance height of at least 1.8 metres (as per the Design Standards for car parking set out in Clause 52.06-9 of the Monash Planning Scheme).

c) Car stacker modules are required to cater for at least the following:

• Independent operation for each parking space. • Vehicle clearance height of 1.8 metres on the entry (ground)

level. A vehicle at least 1.50 metre height on other levels. • A clear/usable platform width of at least 230cm. • Vehicle length of 520cm. • Loading weight per platform of at least 2000kg.

d) The fourth floor external elevations recessed from the third floor by a

minimum of 3 metres to the satisfaction of the responsible authority. e) The height of fence at the southern boundary along the access of the

site and driveway must be reduced to 0.9 metre for 1.4 metres within the property from the edge of the exit lane of the vehicle crossing and an additional splay to further 2.5 metres deep within the property boundary must also be provided.

f) Screening to a minimum height of 1.7m above the finished floor



levels of the north facing windows and terrace (including stairs) of apartments G.05 and G.06 to restrict overlooking of the neighbouring property.

g) Measures to prevent overlooking within 9 metres from the bedroom

windows of apartments G.06 and G.09 to the rear neighbours. h) Measures to prevent overlooking of the neighbours to the south

within 9 metres of the terrace of apartment G.09 and the bedrooms and terrace of apartment G.10.

i) Replacement of opaque glass with clear glass on first floor windows

above 1.7 metres height above floor level or use of suitable screening devices up to 1.7 m above floor level to prevent overlooking.

j) All windows to the habitable room facing northern and southern

boundaries for all the floors of the development must be of obscure glass up to 1.7m above floor level.

k) Bedroom windows for apartments G.06, G09, 1.06 and 1.09 facing

eastern boundary must be of obscure glass up to 1.7m above floor level.

l) Timber screening of 1.7m above the finish floor level to balconies

along northern, southern and eastern side. m) Access points to all garden areas. n) The front fence modified to include areas for landscaping to present

a softer interface. o) All balconies to include an area of at least 8m² with a minimum

dimension of 1.6 metres, and those fronting the street to be setback a minimum of 4.0m.

p) West facing habitable room windows to be openable. q) Aluminium framing to the perimeter of all balconies on the west side

of the building. r) All sustainability measures to be noted on plans as recommended by

the Sustainability Management Plan submitted with the application. s) Location of the electricity, gas and water meters.

2. The development as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority. 3. A landscape plan generally in accordance with the plan submitted with the



application prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- • a schedule of all proposed trees, shrubs and ground cover, which will

include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material

• the location and details of all fencing • the extent of any cut, fill, embankments or retaining walls associated

with the landscape treatment of the site • details of all proposed hard surface materials including pathways,

patio or decked areas

When approved the plan will be endorsed and will then form part of the permit.

4. Before the occupation of the building allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

5. Before the development starts, a Construction Management Plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority.

The plan must address the following issues: a) measures to control noise, dust and water runoff; b) prevention of silt or other pollutants from entering into the Council’s

underground drainage system or road network; c) the location of where building materials are to be kept during

construction; d) site security; e) maintenance of safe movements of vehicles to and from the site

during the construction phase; f) on-site parking of vehicles associated with construction of the

development; g) wash down areas for trucks and vehicles associated with construction

activities; h) cleaning and maintaining surrounding road surfaces; i) a requirement that construction works must only be carried out

during the following hours:



• Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with

the erection of buildings. This does not include excavation or the use of heavy machinery.)

j) construction waste to be sorted on site into recyclable categories. Only non-recyclable products are to be sent to landfill.

6. Prior to the commencement of works on the site, the owner shall prepare a

Waste Management Plan for the collection and disposal of garbage and recyclables for all uses on the site. The Waste Management Plan shall provide for:

a) The method of collection of garbage and recyclables for uses; b) Designation of methods of collection including the need to provide

for private services or utilisation of council services; c) Appropriate areas of bin storage on site and areas for bin storage on

collection days; d) Measures to minimise the impact upon local amenity and on the

operation, management and maintenance of car parking areas; e) Litter management.

A copy of this plan must be submitted to Council.

7. All work within the dripline of the street tree shall be supervised by a

qualified arborist, landscape architect or horticulturist who shall ensure that the works are done in a manner which protects and minimises any damage to the tree.

8. Prior to the commencement of works, the street tree must be fenced with

a 1.8 m high chain link fence supported on steel posts driven 0.6m into the ground. The fencing is to be located in accordance with the arboricultural report submitted with the application.

9. No building material, demolition material or earthworks shall be stored or

stockpiled under the canopy line of the street tree during the construction period of the development hereby permitted.

10. Before the development starts, plans of the drainage works must be

approved by the Responsible Authority. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

11. All on-site stormwater is to be collected from hard surface areas and must

not be allowed to flow uncontrolled into adjoining properties. The on-site



drainage system must prevent discharge from the driveway onto the footpath. Such a system may include either:

a) a trench grate (150 mm minimum internal width) located within the property; and/or

b) shaping the driveway so that water is collected in a grated pit on the property; and/or

c) another Council approved equivalent.

12. The existing redundant crossings are to be removed and replaced with kerb and channel and the footpath and nature strip are to be reinstated to the satisfaction of Council.

13. The proposed crossing is within 1.5 metres of an adjoining crossing so the

area between those crossings must be fully constructed to form a double crossing.

14. The new crossing shall be no closer than 1.0 metre measured at the kerb to

the edge of any power pole, drainage or service pit, or other services. Approval from affected service authorities is required as part of the vehicle crossing application process. A double Telstra pit is affected.

15. On-site visitor parking spaces are required to be clearly marked. 16. The layout of the development shall follow the Design Standards for car

parking set out in Clause 52.06-9 of the Monash Planning Scheme as detailed below: a. Driveway to provide at least 2.1m headroom beneath overhead

obstructions. b. Minimum requirements for at-grade parking space dimensions to be

in accordance with Table 2.

17. The mechanical car stackers are to be maintained in a good working order and be permanently available for the parking of vehicles in accordance with their purpose, to the satisfaction of the Responsible Authority.

18. Bicycle parking facilities shall generally follow the design and signage

requirements set out in Clause 52.34 of the Monash Planning Scheme. 19. Rain gardens must be maintained in accordance with the maintenance

schedule endorsed under this permit by the body responsible for maintenance of the property e.g. owners corporation.

20. Facilities and arrangements for waste management must be provided in

accordance with the Waste Management Plan endorsed as part of this permit and any revised/updated version approved by Council.



21. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

22. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of

issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES-

1. A drainage contribution will not be accepted in lieu of a detention system.

2. Detention system requirements for above property are as follows:- Minimum storage = 13.67 cubic metres Maximum discharge rate = 17.49 litres per second Minimum orifice diameter if using orifice pit = 65mm, otherwise

install a Phillips multi cell or similar to control outflow.

3. An onsite detention system for storm events up to the 1% AEP event to be retained on site for the basement car park. The detention system for the basement is to be separated from the detention system for the property, which is to be at ground level and discharge by gravity.

4. A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

5. Tree planting should be kept clear of the drainage easement.

6. Building approval must be obtained prior to the commencement of the above approved works.

7. Building Permit approval for this development must take into consideration the location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

8. Storm water discharge is to be detained on-site to the predevelopment level of peak storm water discharge. Approval of any detention system is required from Council prior to works commencing. Please refer to the notes section of this permit for additional details.

9. The nominated point of stormwater connection for the site is to the south-east corner of the property where the entire site's stormwater drainage



must be collected and free drained via a pipe to the 225 mm Council drain in the rear easement and 900 mm x 600 mm junction pit to be constructed to Council Standards. Note: - If the point of discharge cannot be located then notify Council's Engineering Division immediately.

10. Any new connection into a Council easement drain requires the approval of the Council’s Engineering Division prior to the works commencing. Please refer to the notes section of this permit for additional details. A refundable security deposit of $500 is to be paid prior to the drainage works commencing.

11. Engineering permits must be obtained for new or altered vehicle crossings and for new connections to the Council drains and these works are to be inspected by Council (telephone 9518 3555).

12. The occupants of the development (including residents, business proprietors and their employees) will not be issued with parking permits exempting them from parking restrictions that exist in the area.

BACKGROUND:

History

TPA/37500 lodged in 2009 proposed a three storey student accommodation building of 45 units comprising 101 bedrooms with 24 basement car parks. Council refused the application and VCAT supported the decision. TPA/40334 was lodged in April 2012 for use and development of a two storey student accommodation building. Council refused the application however VCAT directed a permit to issue on 28 November 2013 for 56 apartments with conditions relating to matters such as construction management, waste management, site management, a S.173 agreement requiring residents to be students, academics or caretakers/managers and number of residents’ cars not to exceed on-site car parking supply. Condition 1 plans and a landscape plan were endorsed. The permit was later extended so as to expire in November 2017. It is still valid but has not been acted upon. The Site and Surrounds

An aerial photograph of the subject site and surrounding land can be found attached to this report (Attachment 1). The land is gently sloping with a fall of approximately 2 metres from west to east and comprises Numbers 14, 16 and 18 Irwin Street. Together, the three residential lots create a square site with a frontage of 45.72 metres, a depth of 45.72 metres and an area of 2,090 square metres. There is a 1.83 metre wide drainage and sewerage easement along the rear boundary.



The site contains three detached dwellings. Numbers 14 and 18 are single storey dwellings with tiled hipped roofs. Number 16 is a double storey dwelling with a tiled roof and flat roofed sections. The site has a few scattered trees. The arboricultural report submitted with the application identified 21 trees of which 19 are located on the site. Of the other two trees, one is a street tree and the other is located on the adjoining property to the south. The report envisages the removal of all 19 trees on the site. None of these trees were measured to be 10 metres or taller. There are three single crossovers to the site. One street tree and a power pole are located in the nature strip. Adjoining the site to the north at 12 Irwin Street is a single storey detached dwelling with a metal gabled roof. Adjoining to the north east (to the rear) of the site is a dual occupancy at 11 Arnott Street. Directly to the east is a six unit development at 13-15 Arnott Street with two rear single storey units adjoining the site close to the rear boundary. To the south east is a single, detached dwelling at 17 Arnott Street with a deep, treed garden. Adjoining the site to the south at 20 Irwin Street is a four unit single storey development with three of the dwellings adjoining the site. Opposite the site are a mix of dual occupancy developments and a single detached dwellings. Restrictions on Title 14 and 16 Irwin Street (Lots 74 and 75) contains a covenant registered in 1951, a S.173 agreement registered in 2015 (AM265554X) and an easement for drainage and sewerage purposes. The covenant prohibits quarrying; stone, clay, gravel or sand extraction; and, brick or pottery manufacture. The Section 173 Agreement, between Monash City Council and the landowner applies while the land is used for student accommodation and aims to ensure that the residents of the development are students, academics or site managers and that car parking is solely used for the residents of the development, to align with TPA/40334. 18 Irwin Street (Lot 76) contains the same S.173 Agreement and rear easement as apply to Lots 74 and 75.

PROPOSAL:

Attachment 2 details plans forming part of the application. It is proposed to develop a four storey apartment building comprising 39 residential dwellings on three residential allotments, above a basement.



The building comprises: 3x3 bedroom apartments, 24x2 bedroom apartments and 12x1 bedroom apartments. The development will provide 42 resident and 7 visitor car spaces in a basement car park accessed via a proposed 6 metre wide crossover and 6 metre wide ramp near the southern boundary of the land. Sixteen (16) of the car parks will be provided in a car stacker arrangement. The basement has been set back from property boundaries to retain areas of deep soil for tree planting at ground level. Due to the slope of the site, the basement protrudes approximately 1.6 metres at the lowest point in the south east corner. Therefore basement is a considered as a storey. The basement will also contain a bin storage room, storage areas for residents and a lift to upper levels. At the Ground Level of the development will be 13 apartments. The Ground level will also comprise a wide pedestrian and bicycle entry and 12 bicycle parking spaces. At the First Floor Level of the development will be 14 apartments each provided with a private balcony. At the Second Floor Level will be 12 apartments with private balconies. The First and Second floors will be accessible via a centrally located lift and stair. A landscape concept plan provided with the application shows canopy tree planting around much of the perimeter of the site within the private ground level garden spaces and other tree planting along the central pedestrian access way. The trees will be a mix of native and non-native evergreen and deciduous trees. Lower level plantings will also be a mix of native and non-native plants. All existing vegetation on site will be removed. The apartments are arranged in a U-shape to resemble two buildings when viewed from Irwin Street. They have a modern, box-like form with some articulation. The elevations have a high level of detailing due to the mix of colours and materials and variety in window shapes. Decorative shading devices are also used on some windows.

PERMIT TRIGGERS:

A permit is required under the General Residential 2 Zone (Clause 32.08-6) to construct more than one dwelling on a lot and to construct a fence higher than 1.2 metres within 3 metres of a street if associated with 2 or more dwellings. A



proposal must meet the requirements of Clause 55 More than one dwelling on a lot and Clause 52.06 Car parking. Attachment 3 details the zoning applicable to the subject site and surrounding land.

CONSULTATION:

Further information was requested of the Permit Applicant on 28 March 2017. In this letter, officers also raised the following preliminary concerns: • Box-like built form, general massing and lack of articulation is considered to

be out of character with the area and will visually impact upon neighbouring properties.

• Private open space should be designed in accordance with proposed Amendment C125

Officers advised the Applicant in writing that should these concerns not be addressed, that this application was unlikely to be supported. The Permit Applicant responded to this letter on 17 May 2017 by providing the requested information. In relation to the preliminary concerns, the Applicant advised that they had amended the plans to address some of the concerns raised, but that they did not agree with all of the preliminary concerns. Changes made to the proposal comprise:

• Introduction of some darker timber cladding to the upper level on the southern elevation to alternate with the white timber, aimed at breaking up the appearance of visual bulk.

• An arbour supporting creepers across the driveway to soften the development at the south-west corner of the building to reduce the appearance of building bulk on the street. In addition, the solid white timber cladding to the upper level balconies has been replaced with semi-transparent black aluminum railings.

In regard to the flat roof form, the applicant acknowledges that the roof form does not relate to surrounding development but will respond to the emerging and preferred neighbourhood character. Regarding the sizes of private open spaces the applicant submits that they are appropriate to the dwelling sizes and the site is well located in regard to public open space.

Public Notice The application was advertised in accordance with section 52 of the Planning and Environment Act 1987 by way of eighty (80) letters sent to the surrounding



property owners/occupiers, and three (3) signs displayed at the frontage of the site. No objections were received. Referrals

The application was referred to Council’s Engineering and Transport Engineering Departments for comment. Relevant comments form part of the assessment of the application. There is no requirement to refer the application externally.

DISCUSSION:

Consistency with State and Local Planning Policies State Planning Policy

The proposal supports the State planning policy of increasing housing density close to National Employment and Innovation Clusters and activity centres (Clause 16.01-3) and providing diversity of housing types (Clause 16.01-4). The proposal’s compliance with State policy regarding minimising impact on neighbouring properties and responding to urban character (Clause 15) is discussed later in this report. Local Planning Policy

The Local Planning Policy Framework seeks to expand on these broader state objectives and in doing so, identifies the ‘Garden City Character’ as a core value held by the community and Council. Garden City Character policy objectives are significant and important considerations in all land use and development decisions throughout the municipality. The Garden City Character of the municipality is identified in Clause 21 of the Municipal Strategic Statement as a core value held by the community and Council. Garden City Character policy objectives are significant and important considerations in all land use and development decisions. Council’s Residential Development Policy (Clause 21.04) aims for balanced residential development with a variety of housing styles while remaining sympathetic to the existing and preferred neighbourhood character. Council’s Residential Development and Character Policy (Clause 22.01) aims to ensure that new development is successfully integrated into existing residential environments with minimal streetscape or amenity impact and to achieve outcomes that enhance the Garden City Character of the area. It also encourages a variety of housing types to accommodate future housing needs and preferences that are energy efficient and sustainable.



Local planning policy also identifies Monash University and Monash Medical Centre as key assets which attract many users, many of which require conveniently located local housing. The Monash Housing Strategy 2014 was developed to review Council’s housing strategies based on an assessment of key State and Local Strategies (including the recent introduction of Plan Melbourne) and research from all tiers of Government and other research bodies. The strategy developed a Residential Development Framework Map which identifies the subject land as being within “Category 3 Residential land in the Monash National Employment Cluster”. This is one of the areas in Monash with significant future redevelopment potential. It will be characterised by housing change and diversification. The residential outcomes relevant to the subject land are: • Potential for lower to medium density apartment development in

predominantly residential streets subject to careful design. • On larger sites, in suitable locations, increased density may be appropriate,

subject to careful design and the provision of appropriate landscaped setbacks.

Local Planning Policy is in the process of being updated through Amendment C125. The amendment also proposes new residential zones and overlays providing development standards arising from recommendations of the Monash Housing Strategy 2014. Amendment C125 was adopted by Monash City Council on 28 February 2017 and is currently awaiting approval by the Minister for Planning. The amendment is a “seriously entertained planning proposal” and as such is to be given consideration by any decision making authority including VCAT. The housing strategy and resulting Amendment C125 maintain most of the general principles of the current local policy of relevance to this proposal however greater detail and certainty is provided in relation to growth in the Monash National Employment Cluster. Proposed Clause 22.01 includes in its objectives, directing residential growth to the Monash National Employment Cluster and activity centres. The “Desired future character statement” for the “Monash National Employment Cluster and Clayton Activity Centre-Housing Diversity Area” in the amended Clause 22.01 includes:

• New housing will generally comprise multi dwelling developments such as unit developments and, where appropriate, low rise apartments.

• Front and rear setbacks will be reduced from the prevailing distance in the Garden City areas however will still provide the opportunity for landscaping.



• Landscaping and open space within developments will remain an important feature for this character area.

• The presence of canopy trees within developments, plus separation between buildings, will help integrate development, will provide visual and environmental amenity for occupants and the residents of existing dwellings.

• New developments will be designed and constructed to a high standard, ensuring they provide a positive architectural impact.

In terms of building scale and massing, the general requirements of the proposed Clause 22.01 confirm existing policy directions in relation to:

• Minimising the impact of visual bulk to neighbouring properties through suitable setbacks from adjacent secluded private open space to enable the provision of screening trees and scaling down of building form to the adjoining properties.

• Taller buildings are to incorporate sufficient articulation, including recessed upper levels to respect the prevailing scale of the adjoining dwellings and the neighbourhood.

• Large block like structures dominating the streetscape are to be avoided by including significant breaks and recesses in building massing.

• The roof forms and pitches of existing dwellings in the neighbourhood are to be respected.

The concept of developing the subject land for lower to medium density apartment style housing is consistent with the local vision as outlined in the Monash Housing Strategy. The main issues for consideration with this proposal centre on whether the form and scale of the proposed development is appropriate for its neighbourhood context and respectful of the amenity of adjacent neighbours. This is discussed further in relation to the proposal’s response to Clause 55 which focuses on specific design aspects of the proposal, providing a detailed assessment of the proposal in terms of its scale, bulk, on site amenity and offsite impacts. Other Local Policies One of the key directives of the Stormwater Management Policy (Clause 22.04) is to encourage the provision of on-site retention systems so that stormwater discharge is maintained at pre-development levels. It is considered that these objectives can be met by the proposal. The goal of the Environmentally Sustainable Development Policy (Clause 22.13) is that “development should achieve best practice in environmentally sustainable development from the design stage through to construction and operation.” It covers aspects such as: energy efficiency, stormwater management, indoor



environmental quality, water resources, transport, urban ecology and waste management. A residential development of this size is required to provide a Sustainability Management Plan (SMP) with an application. An SMP should demonstrate how the development will meet the objectives of the policy by achieving identified environmental performance outcomes. The SMP submitted with the application meets the requirements of this policy. Key sustainability elements proposed include: Energy efficiency The average energy rating is 6.5 starts (NatHERS Energy rating). The highest rating is 7.7 stars and the lowest is 5.6 stars. Solar panels are shown on the roof plan for the gas boosted solar hot water system. Openable windows providing natural ventilation for passive cooling in summer are intended to be provided for all habitable rooms however are not shown on the western elevation. Eaves are shown on the north-facing windows to reduce unwanted solar heat gain in summer. It is proposed that internal blinds to west facing windows be reflective. Water efficiency Water re-use is not proposed however water efficient toilets, taps and shower heads are. Stormwater management Rain gardens are incorporated into the development to which all runoff from roofs will be diverted. A buffer strip is also proposed to receive rainwater from the front path. This will enable the development to meet the current best practice benchmark for urban pollutant loads. The future owners’ corporation or body responsible for maintenance will need to include maintenance of the rain gardens in their building maintenance schedule. Indoor environment quality All habitable rooms have access to daylight. Openable windows and sliding doors are provided for ventilation. Transport Most errands can be accomplished by foot according to the report. Bicycle facilities are provided on site. Waste management The sustainability report provides a general commitment to reducing waste in construction materials and also advises that during construction waste will be sorted into recyclable categories. A Waste Management Plan for the operation of the development, once completed is provided with the application.



Urban ecology The proposed landscaping will assist in supporting the natural environment. Not all of these sustainability features are noted on the plans submitted with the application as recommended by the sustainability consultant. Consistency with Zone and Overlay Requirements

Recent Changes to Planning controls - Amendment C125 & Amendment VC110

Amendment C125 was adopted by Council on 28 February 2017. The amendment proposes to change the Schedule applicable to the subject land from General Residential 2 (GRZ2) to General Residential 6 (GRZ6) which is intended to recognise areas around Clayton, Monash Medical Centre and Monash University as areas suitable for increased densities including apartment style development on consolidated lots.

The new zone would include specific changes to several ResCode standards. These include limiting maximum building height to between two and three storeys depending on lot size, decreasing the front setback from 7.6 metres to 4 metres, requiring the planting of a minimum of 1 canopy tree plus 1 canopy tree for every 5 metres of site width in new multi unit development, increasing the rear setback from 1 metre to 4 metres, requiring that secluded private open space of 35 metres square be clear of all structures and services, Increasing the minimum width of a balcony from 1.6 metres to 2 metres, and increasing the minimum area of a balcony or roof top area from 8 metres square to 10 metres square.

A Design and Development Overlay 13 (DDO13) is proposed as part of Amendment C125. This overlay aims to provide greater guidance for height and built form of development in the Clayton Activity Centre and Monash National Employment Cluster.

The proposed DDO13 provides that an appropriate maximum height of a three storey development on a lot over 1000 metres square in size in the GRZ6 zone is 11.5 metres and that the setback of the third storey from the front facade should be 3 metres.

Further to this, the Minister for Planning introduced revised residential zones to all planning schemes throughout Victoria on 30 March 2017 (Am.VC110). Transitional arrangements provide that the new controls do not apply to planning permit applications lodged before 27 March 2017. This application was lodged on 7 November 2016 and has not been amended, as only a response to further information has been received.



Consistency with Particular Provisions

Clause 55 ResCode

Aspects of the assessment of the proposal against ResCode which are worthy of mention are as follows. Neighbourhood Character and infrastructure

Neighbourhood character

The proposal introduces a larger scale of development to this street. This is foreshadowed in this area by Amendment C125 which encourages low scale apartment development up to 3 storeys high. Amendment C125 also provides a smaller minimum street setback for development which is a significant change to neighbourhood character. When viewed from the street, the landscaping proposed for the development incorporates a significant number of tall trees which will assist in maintaining a green Garden City character. The U-shaped form of the building breaks up the building bulk at the front of the development. The setback of the upper level, the mix of materials and the balconies help to reduce the bulkiness of the development and provide a human scale when viewed from the street. It is considered necessary to include a condition requiring fourth storey (second floor) elevations to be setback a minimum of 3 metres from the third storey (first floor) below in order to reduce the bulk and scale effects from adjoining properties. The design introduces a flat roof form into the neighbourhood character. The proposed roof will not be visible from the street frontage and/or from the sides. The site setbacks, recessed facades and material variation will further detract the visibility of the roof form. In addition, at the sides and rear of the development there is adequate planting space for screening vegetation. It is therefore considered that the new roof design form will not adversely impact on the character of the area. Site Layout and Building Massing

B6- Street setback

The front walls of the proposal at both the ground and first floor levels utilise the minimum street setback of the GRZ6 in Amendment C125 which is 4 metres. The existing setback requirement of GRZ2 is 7.6 metres. The balconies on the first floor are set back a minimum of 3.7 metres but should be setback 4.0m while maintaining their area, which will result in the change being absorbed within the dwellings. The front walls of the second floor adopt the proposed DDO13 (Amendment C125) requirement of being set back 3 metres behind the front facade (in total a 7 metre setback).



Balconies to the second floor are set back 5 metres. Their visual bulkiness has been reduced through adoption of a metal railing design. Whilst non-compliant with the existing ResCode standard, it is considered that the proposed setbacks are generally an appropriate response to the preferred neighbourhood character directions of Amendment C125. However balconies with timber screening along northern, southern and eastern side of the proposed development will help the break the building mass and visual bulk on the facade. B7- Building height

The proposed DDO13 (Amendment C125) allows a maximum building height of 11.5 metres for a site of this size. The front of the development does not exceed 10 metres whilst the rear does not exceed 11 metres. The lift shaft is the highest point of the development at 11.582-12.432 metres. The lift shaft is located internal to the site and is not considered excessively high. Amendment C125 includes the requirement that at least two 10 metre high canopy trees be provided. The proposal includes up to 27 trees which could reach that height. Side and rear setbacks

The proposal provides for over 4 metre minimum rear setback as required by GRZ6 in Amendment C125 at the ground floor level which is considered appropriate. The proposal does not then apply the entire formula of the standard beyond this point and this contributes to the visual bulk of the proposal at the rear. The included condition for a requirement of 3 metre setback of the upper floor from the floor below will aid in reducing any adverse effects. Amenity Impacts

Overshadowing

The site is adjoined by some properties to the east and to the south which are single storey, multi unit developments with small private open spaces. Whilst the proposal does not appear to significantly increase the amount of overshadowing of these spaces, the ResCode standard provides that where adjoining dwellings do not have at least 75 per cent of their private open space receiving sunlight for at least five hours between 9am and 3pm on 22 September, this should not be decreased further by a proposal. The greatest impact will be on Unit 6 of 13-15 Arnott Street however, Unit 6 will still receive adequate sunlight throughout the day. Unit 6 will receive 5 hours of sunlight. The proposed development will only compromise the sunlight received in their secluded private open space after 3PM. Therefore the proposal is considered to generally comply with this standard.



Overlooking

Due to the slope of the land and the design of the basement level and resulting ground floor level, there is potential for overlooking of neighbouring properties from the ground level apartments towards the rear of the development. This will reduce as the landscaping matures. To the north there is overlooking of No.12 Irwin Street from the ground level terraces of the two rear units G.05 and G.06. Appropriate screening to the terraces should be provided to prevent this. There is also overlooking of the habitable room window and private open space of No.12 Irwin Street from the bedroom windows of apartment 2.04 on the second floor. To the east, there is overlooking of private open space of Units 3 and 6, 13-15 Arnott Street from a bedroom of G.06. There is also overlooking of a habitable room window at No.3 13-15 Arnott Street from bedroom windows of unit G.06. Appropriate screening of these windows/terraces should be required by condition, if a permit is to issue. To the east, from the terrace of G.07, overlooking of private open space and habitable room windows of Unit 6 13-15 Arnott Street is reduced by the presence of a landscaped area at the edge of the terrace which is satisfactory screening. Balconies with timber screening along northern, southern and eastern side of the proposed development will be requested as a condition of the permit. There is overlooking within 9 metres from G.09 bedroom windows of the private open space of No.17 Arnott Street. Again, an appropriate method of screening is required. To the south there is overlooking of private open space and habitable room windows from the terraces of G.09 and G.10 and bedrooms of G10 which would require raised fence levels up to approximately 3 metres although this would be undesirable on the north side of these dwellings. Alternatively, conditions requiring the terraces to be screened up to 1.7 metres height from the finished floor level and the windows of the habitable room/ bedrooms to be glazed or obscure up to 1.7 metres height from the finish floor level. From the second floor there is overlooking to the south from bedrooms and a terrace. This could be addressed by raised sill levels and a screen to the terrace. Overlooking is minimised from the first floor by the frequent use of opaque glass to entire windows. This is not considered to be satisfactory for the amenity of future residents. An alternative screening device should be employed which provides a clear view of at least some of the exterior environment. Conditions have been included accordingly.



On-site Amenity and Facilities

Private Open Space

Amendment C125 proposes to reduce the amount of private open space required at ground level and increase the amount of private open space on balconies. The proposal does not rigidly comply with either the current or proposed private open space requirements. On the ground level, few apartments meet the overall existing 75 metres square requirement for total private open space and only a few more would meet the proposed 50 metres square minimum requirement. Few meet the minimum secluded private open space area requirements in terms of both areas and minimum dimensions. Given the apartment style of the development however, it is considered that terrace areas are more important for residents. The additional open space beyond the terrace is often at a lower level on this site and mainly functions as deep soil planting area for canopy trees. At the ground level all except 2 apartments have well dimensioned terrace areas of at least 11 metres square. The two apartments that are smaller are 1 bedroom apartments with 8 metres square private open space areas. This is considered satisfactory. At the upper levels all of the balconies meet the required current minimum area requirement of 8 metres square. Approximately 5 balconies do not meet the minimum 1.6 metres minimum dimension however these are larger than 8 metres square except for the balcony of Apartment 2.09. Approximately half of the balconies would meet the proposed 10 metres square minimum requirement but few of these would meet the 2 metres minimum dimension requirement of Am C125. All balconies should have an area of at least 8 square metres with a minimum dimension of 1.6 metres provided it does not increase overshadowing to neighbours. B29- Solar access to open space A small number (6) of the apartments are located on the south side of the development and cannot meet this requirement however this is a relatively small proportion of the apartments (15%) and is considered acceptable. 55.06 Detailed Design B32- Front fences

The front fence is proposed to be 1.5 metres high which is higher than the current standard of 1.2 metres and the Am C125 proposed standard height of 0.9



metres. The fence is required to provide a level of privacy to the ground floor apartments which have private open space at the frontage of the development. Given the fence is proposed to be semi-transparent and delineates the only private open space for ground level apartments, it is considered acceptable if partially setback to provide planting to the street. B34- Site services

Electricity, water and gas meter locations are not shown on the plans. They need to be sensitively located to be accessible but not visually intrusive. Discussion In terms of neighbourhood character the design falls down in respect to the roof form and the lack of stepping down at the sides and rear. The lack of a sloping roof form gives the development a modern, more commercial appearance than existing residential development in the street. This is considered acceptable considering the future development of this area and reasons addressed earlier. The lack of stepping down at the sides and rear contributes to visual bulk for neighbouring residents as well as overshadowing and overlooking. The visual bulk and overlooking will reduce as the trees mature. The impact on adjoining neighbours is a key consideration, particularly as some of these neighbours are on multi-unit sites. Here the future redevelopment is reduced than for original detached dwelling sites and their proximity to the development is generally closer than single dwellings. Overlooking is apparent at the ground and second floor levels. At the second floor level, windows and balconies can have raised sill heights or screens added or the building can be further recessed. At the ground floor level there could be raised sill heights of some bedrooms or screens in some locations and raised fence heights in other locations however screens will reduce the outlook for the future residents and higher fences to the east and south may contribute to overshadowing. Visual bulk and amenity impacts on neighbours could be reduced through conditions requiring the timber screening and obscure windows. At the rear, the proposal should at least comply with the graduated setback formula of ResCode by further setback of the third level. Car Parking, traffic and access Council’s transport engineering department advises that the predicted traffic generation of 20 vehicles/peak hour is expected to have a negligible impact on the local traffic network.



A total of 12 bicycle parking spaces are proposed at the ground level of the development which complies with the requirements of Clause 52.34-3. The requisite car parking spaces required under Clause 52.06 would be provided as shown in the following table:

Use Number of Dwellings

Clause 52.06 Requirement

Car spaces provided

One or Two bedroom dwelling

36 36

(1 space/dwelling)

36

Three bedroom dwelling

3 6

(2 spaces/ three bedroom)

6

Visitor Parking 39 7

(1 space for every 5 dwellings)

7

Total 49 49

All car parking is proposed to be located in a basement car park. The driveway entering the basement proposes a 1:4.5 grade as a transition between the 1:10 grade and the 1:4 grades which is considered too steep for a transitional grade. The transitional grade should be flatter with a minimum 1:5.7 grade in accordance with AS2890.1:2004. This may cause a very minor change to the floor levels for the building. A stacker system is proposed in the basement in order to meet the required number of parking spaces. The traffic report submitted with the application indicates that the stacker system does not meet the Planning Scheme requirement for 25% of the spaces to achieve a vehicle clearance height of 1.8 metres arguing that as there are other at-grade spaces provided this justifies the minor departure from the requirement. This is not considered satisfactory as it will limit the use of the stacker system, including the ability to make minor adjustments between the stacker levels to accommodate varying vehicle heights. Adjustments to the plan will be required. The plans indicate that a 1.8 metre high fence will be provided on the southern boundary which is too high to provide the required sight splay for the driveway. The traffic report submitted with the application envisages however that there will be a sight splay of 1.4 metres x 2.5 metres. These may be adequate for the vehicle exiting from the natural ground level. Considering the vehicle exiting the site mainly through the basement the height of the fence and the location of the splay needs to be reconsidered. It is considered that further reduction in the height of the fence is required to address the issues. A condition would be required for the height of fence at the southern boundary along the access of the site and driveway must be reduced to 0.9 metre for 1.4 metres within the



property from the edge of the exit lane of the vehicle crossing and an additional splay to further 2.5 metres deep within the property boundary must be provided for clear visibility for the vehicle entering and exiting the development. The vehicle crossing will affect a double Telstra pit therefore approval from Telstra will be required as part of the vehicle crossing application process. The vehicle crossing will also be within 1.5 metres of an adjoining crossing and will need to be converted to a double crossing. Vegetation Issues The proposed concrete pedestrian entrance is proposed within the Tree Protection Zone of the street tree (a Melaleuca styphelioides/Prickly Paperbark) but the arborist’s report submitted with the application, states this is considered a minor intrusion which will not harm the tree. The arborist’s report identifies, the construction of a paved terrace is proposed within the TPZ of a mature Callistemon salignus located on the adjoining property to the south of the subject site. The proposed paved terrace will intrude into the TPZ of the tree but the intrusion will be minor and will not harm the tree. Both trees should be protected during the works in accordance with the recommendations of the arboricultural report.

CONCLUSION:

The proposal assists in meeting the housing objectives of Monash which are increased density in the Monash National Employment Cluster and near the Clayton Activity Centre. The proposal is considered to be appropriate in contributing to a new preferred neighbourhood character. The proposal has some impacts on the amenity of neighbours which can be addressed through conditions on the permit. It is recommended that a permit issue with conditions.



LIST OF ATTACHMENTS: Attachment 1 – Aerial Photograph (December 2016). Attachment 2 – Proposed Development Plans. Attachment 3 – Zoning and Overlays Map.

1.1 14-18 irwin street, clayton construction of a four … · 1.1 14-18 irwin street, clayton ....

Documents